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(영문) 서울동부지방법원 2015.04.14 2014가단10886

임금등

Text

1. The defendant shall pay 25,636,200 won to the plaintiff and 20% per annum from December 21, 2013 to the day of complete payment.

Reasons

1. The parties' assertion

A. The plaintiff's assertion was not paid 25,636,200 won in total as wages and retirement allowances by the defendant. Thus, the defendant is obligated to pay the above wages and retirement allowances and compensation for delay to the plaintiff.

B. The plaintiff asserted by the defendant was employed by the defendant company as a full-time employee from March 10, 2012 to July 31, 2012, and from April 1, 2013 to August 31, 2013, and as a full-time employee from September 1, 2013 to December 6, 2013. Therefore, the plaintiff may claim wages from the defendant only during the above working period, and as such, since the monthly salary period is less than one year, the defendant is not obligated to pay retirement allowances to the plaintiff.

2. Facts of recognition and judgment

A. In light of the overall purport of the arguments in the evidence Nos. 1 and 2-1, 4-1, 4-1, 5-1, 5-4, and 6 of the evidence Nos. 1 and 2-2, the Plaintiff entered into a labor contract with the Defendant company operating the sewerage system on or around March 10, 2012, and with the Defendant company receiving wages of KRW 3,200,000 per month, from that time until December 6, 2013, the Plaintiff, as the head of the department to which the Defendant belongs, was responsible for the management of the construction site, such as CB, D drainage, E-dam’s water supply and removal from the construction site, the construction of the above new metropolitan area water supply and removal from the above new metropolitan area, the Plaintiff’s total amount of wages to be paid from March 10, 2012 to December 6, 2013, the Plaintiff did not pay the Defendant’s total amount of wages to be paid from KRW 36,501,565,7.7.258

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